I am told that concerned DMO is of the firm opinion that Persons with disabilities act applies to Central government employees and is not applicable to state government employees. I am amazed firstly at the fact that how a medical officer is acting like a legal officer and deciding the applicability of the acts.
secondly, who knows, Kerala government may also, like Maharashtra government, have indulged in arbitrary changes in the disability act modifying it according to its own sweet will!!!!! I am sure there are judgments about s47 of PWD applying it to governments of NCT and even other states. I will send the judgments shortly. I am sure there are no legal grounds for opinions of medical officer and even if "God's own country" has passed any such restrictive provisions, they have to be assented to by president otherwise they are void. I am sure he will get relief in god forsaken country. Regards Rajesh Asudani Assistant General Manager (PPS), Reserve Bank of India Nagpur 09420397185 O: 0712 2806676 Res: 0712 2591349 Doth God exact day-labour, light denied?" John Milton -----Original Message----- From: accessindia-boun...@accessindia.org.in [mailto:accessindia-boun...@accessindia.org.in] On Behalf Of Krishnan Moothimoola Sent: Thursday, September 24, 2009 8:28 PM To: accessindia@accessindia.org.in Subject: Re: [AI] A Govt employee facing termination... hai sir, Congratulation for bringing the serious issue to public discussion.he is from Wayanad and i telephoned in the morning and i convinced the condition is really pathetic. please request the list members to help sending similar case judgements in to my personal email moothimo...@gmail.com. earlier replies are highly appreciatable . krishnan m. moothimoola. ----- Original Message ----- From: "Sudhir R (NeSTIT)" <sudhi...@nestgroup.net> To: <accessindia@accessindia.org.in> Sent: Wednesday, September 23, 2009 9:31 AM Subject: [AI] A Govt employee facing termination... > Folks, > > > > I wish to bring to your urgent attention the case of a Govt employee > from Kerala's Health Dept, who went blind recently, facing termination > and not knowing how to proceed. He lost his vision recently and is > facing harassment from his colleagues at the Primary Health Centre that > he works in, including not being permitted to sign on the roster. > > > > He used to take his wife along to the office for assisting him, but, > even this has not been permitted. The DMO has been telling him to > present himself before a Medical Board to prove his physical fitness and > take voluntary retirement if and when his disability is proved. > > > > He has given representations to the Commissioner for PWD at > Thiruvananthapuram, but, there has been no response. When the DMO was > shown the relevant clauses of the PwD Act, he was told that the > protection available to a person acquiring a disability while in service > will not be applicable to his cadre (I understand he works as an > assistant at the PHC). . > > > > Now, he has been asked to present himself before the Medical Board next > Tuesday. On earlier occasions, he has avoided this by taking sick > leave. This time, he is in a dilemma as the pressure is mounting on him > to accept his disability and quit. > > > > It may be noted that he has not yet gotten himself a disability > certificate and hence theoretically not yet a disabled person as per > his official records. > > > > Pls share your views on the courses of action available to him, > including for the immediate term. > > > > The moot question is, can he present himself before the Medical Board > and let himself be declared disabled (or as they would term it, > "physically unfit for work") ? Is it time for him to challenge the > departmental harassment in Court ? Or, should he wait for response from > the CPWD, considering he gave his representation only a month back ? > > > > Looking forward to your advice at the earliest... > > > > Thanks and rgds > > > > RS > > + 98 472 76 126 > > > > To unsubscribe send a message to accessindia-requ...@accessindia.org.in > with the subject unsubscribe. > > To change your subscription to digest mode or make any other changes, > please visit the list home page at > http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in Notice: This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you are not the intended recipient, any dissemination, use, review, distribution, printing or copying of the information contained in this e-mail message and/or attachments to it are strictly prohibited. If you have received this email by error, please notify us by return e-mail or telephone and immediately and permanently delete the message and any attachments. The recipient should check this email and any attachments for the presence of viruses. The Bank accepts no liability for any damage caused by any virus transmitted by this email. To unsubscribe send a message to accessindia-requ...@accessindia.org.in with the subject unsubscribe. To change your subscription to digest mode or make any other changes, please visit the list home page at http://accessindia.org.in/mailman/listinfo/accessindia_accessindia.org.in
